Just Court ADRhttp://blog.aboutrsi.org
The blog of Resolution Systems InstituteTue, 30 Jan 2018 17:09:37 +0000en-UShourly1Do Android Mediators Dream of Electric Agreements?http://blog.aboutrsi.org/2018/program-design/do-android-mediators-dream-of-electric-agreements/
http://blog.aboutrsi.org/2018/program-design/do-android-mediators-dream-of-electric-agreements/#respondTue, 30 Jan 2018 17:09:37 +0000http://blog.aboutrsi.org/?p=1802With the new year being still fresh enough that some of us, and hopefully not just me, continue to write 2017 on their checks, the future is at the forefront of many of our minds. Whether we’re setting ambitious goals for the year to come, or just looking forward to putting the previous year behind us, I think it’s pretty natural for us to spend this time of year fixated on the road ahead. For me, this has translated into thinking a lot about the cutting edge of the ADR field: Online Dispute Resolution, or ODR.

I’ve been fortunate to have access to a lot of great resources and contacts over at Tyler Technologies, Court Innovations, the New York State Unified Court System and the American Bar Association (specifically the Center for Innovation, Center for Pro Bono and the Section of Dispute Resolution). I’ve also been able to learn a lot from odr.info, and keep up with the latest developments following onlinedisputeresolution.com; if you are fairly unfamiliar with ODR, these are two great places to start.

Though I feel like I still have so much to learn about this field, I’ve greatly enjoyed sharing the iota of knowledge I possess with my colleagues. Last year, I chaired the ODR Subcommittee for the Future of the Law Summit put on by the Chicago Bar Association (CBA); you can find the outline of our recommendations here. In November, I got to make additional presentations on ODR to the CBA’s ADR Committee and the Circuit Court of Cook County’s Law Division Court-Annexed Mediation Seminar. I’ve also had the opportunity to speak with a handful of court administrators throughout the country about ODR.

Through all these discussions, the one constant I’ve had is a refreshing lack of blank faces. Whether someone’s response is jubilant enthusiasm, healthy skepticism or just a constant stream of questions, it’s clear ODR is a topic that gets people buzzing. In that vein, I thought I would share the things that excite me about this emerging field (before focusing my next entry on the challenges it must overcome).

Access to JusticeIf implemented properly, ODR could be a huge boon to individuals typically underserved by the justice system.

Imagine the case of someone who works a retail job and who has spent all of their paid leave for the year attending to a medical situation. They now have considerable medical debt on which they have defaulted.

Meanwhile, the hospital has sold the debt to a collection mill, who is taking the debtor to court. Notice of the suit is improperly served, and the debtor does not even know they are being sued. Even if they did have notice, they would be unable to take valuable time off of work to defend themselves in court. As a result, a default judgement is rubber stamped by an overburdened court, and the non-appearing defendant’s wages become garnished as a result, exacerbating the very issues which have led to this outcome. This is not justice.

An ODR solution, carefully overseen by court administration, could address many of the problems we see here. Service could be conducted electronically, going to the defendant’s email and/or as a text message. Software could ensure that debt collectors are submitting appropriate evidence in support of their claims. An asynchronous chat platform could allow the parties and/or their counsel to negotiate a settlement outside of court, and failing that, a video mediation could be scheduled. Judges and court administrators could oversee the process (outside of the communications, which would remain confidential to the parties and attorneys) and either outright mandate use of the ODR platform, or incentivize plaintiffs to file online by offering a reduced filing fee.

These are just a handful of examples of how integrating more technology into the court system has the potential to tip the scales of justice backs towards even.

Streamlined Dispute ResolutionWe live in a world that is constantly evolving and we expect the institutions which govern that world to keep up. Our court system might not have been built with rapid technological change in mind, but that doesn’t mean it can’t adapt. By bringing ODR into the fold, courts can leverage the advances to computing power which have broadened people’s access to the world around them. And to be perfectly blunt, if brick-and-mortar courts do not offer digital options for dispute resolution, there’s no reason to believe that people won’t turn to someone who can provide these services online, as people have done for shopping, hailing a cab, or booking a place to stay.

Luckily for the courts, there are carrots to go along with the sticks. Innovations in e-filing have already streamlined docket management for many courts across the country, and certain components of ODR can be built on top of that infrastructure. Further, as we have seen in traditional ADR, under the right circumstances, ODR can potentially resolve cases more quickly and economically than traditional litigation. And by allowing disputants to guide themselves to resolution using decision wizards and other software that lays out their options in plain language, they are more invested in the final agreement, which research has long told us will make them more likely to comply, keeping them out of court.

Continuous ImprovementThrough webinars and product demonstration, I’ve gotten to see several of these platforms in action. While the front-end capabilities are rightly exciting people, the back-end analytics could be the part that really revolutionizes how we approach conflict. At RSI, we’ve been espousing the cruciality of collecting reliable data about court programs for two decades, and made it the hallmark of the programs we administer. We even designed a model survey toolkit that just about any court can adapt to help them collect the data.Collecting good data is so important because it allows the court to make decisions about program design that have material consequences on the lives of citizens.

In the past, even a well-resourced program would need to devote countless work-hours to collecting, cleaning, analyzing and reporting on the data. This effectively put the timeline for making and implementing recommendations on how to improve programs into months, if not years.

Now, however, many ODR solution have built-in, real-time data tracking. Reports can be generated with a few clicks of a button. Down the road, through advances in artificial intelligence and natural language generation, platforms could make recommendations about how to improve the experience, or even automatically make such improvements. Technology has the potential to significantly decrease the burden and increase the speed at which our courts have the capacity to improve their services.

Danger, Will RobinsonI hope you’ve enjoyed this exploration of the exciting possibilities that ODR has: there is a Star Trek quality to the promise that ODR yields. However, for all its potential upside, there is still great risk at that intersection of technology and justice – call it the Black Mirror effect. I’ll be dedicating my next post to exploring the challenges ODR must overcome.

]]>http://blog.aboutrsi.org/2018/program-design/do-android-mediators-dream-of-electric-agreements/feed/0The Year in Research: A Reviewhttp://blog.aboutrsi.org/2017/uncategorized/the-year-in-research-a-review/
http://blog.aboutrsi.org/2017/uncategorized/the-year-in-research-a-review/#respondThu, 28 Dec 2017 15:00:27 +0000http://blog.aboutrsi.org/?p=1799To cap off 2017, I thought I’d look back at what we learned through research over the past 12 months.

Researchers from the Pacific Rim gave us a new way of thinking about cultural approaches to conflict resolution. Their intake instrument for mediators can be used to understand each individual disputant’s “unique cultural preferences” in the way in which they respond to a particular dispute.

James Wall and Kenneth Kressl delved into mediators’ conscious and unconscious thinking to see how they influenced the mediators’ view of the conflict and how they approached mediation. They found patterns that led them to put mediators into one of three categories: reflective persuaders, pressers and laissez-faires.

A review of restorative justice studies found that victim-offender conferencing, family group conferencing, arbitration/mediation programs, and circle sentencing programs showed promise for reducing recidivism. The researchers also concluded that pre-mediation or pre-conference meetings increased the effectiveness of the programs.

Another review of studies – this time of those that connected mediator behaviors with mediation outcomes – gave us insight into what behaviors might be more effective. These included eliciting disputants’ suggestions or solutions; giving more attention to disputants’ emotions, relationship, and sources of conflict; working to build trust and rapport, expressing empathy or praising the disputants, and structuring the agenda; and using pre-mediation caucuses focused on establishing trust.

]]>http://blog.aboutrsi.org/2017/uncategorized/the-year-in-research-a-review/feed/0A Look Back on 2017http://blog.aboutrsi.org/2017/uncategorized/a-look-back-on-2017/
http://blog.aboutrsi.org/2017/uncategorized/a-look-back-on-2017/#commentsWed, 27 Dec 2017 20:34:33 +0000http://blog.aboutrsi.org/?p=1789What a wonderful year 2017 has been! From court program evaluations and trainings to staff gatherings, we have had an exciting year and continued to make great strides in serving communities with court alternative dispute resolution!

One of the greatest highlights from this year was the launch of our new website, AboutRSI.org! The launch of our new site brought together our two previous sites CourtADR.org and AboutRSI.org to become a one-stop shop for all things ADR. Our updated Resource Center allows for quick and easy searches for court ADR resources in our Research Library, and provides summaries of Court ADR Across Illinois and Court ADR Across the US. Additionally, the launch of our new website also brought the release of our Guide to Program Success, a how-to guide on court ADR program design, management, and evaluation. We look forward to continuing to share and add new resources to our Resource Center in 2018!

This year, our staff continued to bring RSI’s expertise to communities across the U.S. Here in Illinois, our program coordinators ran successful Foreclosure Mediation programs in Lake, Winnebago, Boone, and Kane Counties. We also launched our Child Protection Mediation program in Kane County, addressing cases involving abuse and neglect. Outside of Illinois, our Executive Director Susan Yates and Kane County Mediation Programs Manager Kevin Malone traveled to San Francisco for the American Bar Association Section of Dispute Resolution Conference! Additionally, this year, Susan traveled to Georgia and New Hampshire to lead a training for court ADR program administrators and provide training for state and federal court mediators and lawyers.

2017 was also a busy and exciting year for our Director of Research, Jennifer Shack, who spent the year engaged in several research and evaluation projects. This year, Jen lead an evaluation of Washington, D.C. Court’s child protection mediation program, an evaluation of a pilot program in Ohio that will use mediation for civil stalking cases, and an evaluation of the Supreme Court of Ohio Dispute Resolution Section’s The Right Track Project, a pilot program to address truancy problems. Want to have Jen help evaluate your court’s program in 2018? Click here to learn more!

Last but certainly not least, our Board members were also recognized for their work in ADR this year! In April, long-serving RSI Board member James J. Alfini was awarded the American Bar Association Chair’s Award for Outstanding Service to the ABA Section of Dispute Resolution!

As we finish this month we are thankful for a wonderful 2017 and are looking forward to 2018!

Happy New Year From All of Us Here at RSI!

]]>http://blog.aboutrsi.org/2017/uncategorized/a-look-back-on-2017/feed/3The Twelve Hours of Conflicthttp://blog.aboutrsi.org/2017/uncategorized/the-twelve-hours-of-conflict/
http://blog.aboutrsi.org/2017/uncategorized/the-twelve-hours-of-conflict/#commentsWed, 20 Dec 2017 17:26:31 +0000http://blog.aboutrsi.org/?p=1784In what has become a holiday tradition at RSI, here is my ADR-themed parody of the Twelve Days of Christmas. Happy holidays!

For the first hour of conflict, my neutral gave to me a round table with a great view

For the second hour of conflict, my neutral gave to me two succinct summaries
And a round table with a great view

For the third hour of conflict, my neutral gave to me three paraphrases
Two succinct summaries
And a round table with a great view

For the fourth hour of conflict, my neutral gave to me four mirrored feelings
Three paraphrases
Two succinct summaries
And a round table with a great view

For the fifth hour of conflict, my neutral gave to me five as-pir-in
Four mirrored feelings
Three paraphrases
Two succinct summaries
And a round table with a great view

For the sixth hour of conflict, my neutral gave to me six tested realities
Five aspirin
Four mirrored feelings
Three paraphrases
Two succinct summaries
And a round table with a great view

For the seventh hour of conflict, my neutral gave to me seven caucuses
Six tested reality
Five aspirin
Four mirrored feelings
Three paraphrases
Two succinct summaries
And a round table with a great view

For the eighth hour of conflict, my neutral gave to me eight explored BATNAs
Seven caucuses
Six tested reality
Five aspirin
Four mirrored feelings
Three paraphrases
Two succinct summaries
And a round table with a great view

For the ninth hour of conflict, my neutral gave to me nine fresh perspectives
Eight explored BATNAs
Seven caucuses
Six tested reality
Five aspirin
Four mirrored feelings
Three paraphrases
Two succinct summaries
And a round table with a great view

For the tenth hour of conflict, my neutral gave to me ten brainstorms
Nine fresh perspectives
Eight explored BATNAs
Seven caucuses
Six tested reality
Five aspirin
Four mirrored feelings
Three paraphrases
Two succinct summaries
And a round table with a great view

For the eleventh hour of conflict, my neutral gave to me eleven cookie breaks
Ten brainstorms
Nine fresh perspectives
Eight explored BATNAs
Seven caucuses
Six tested reality
Five aspirin
Four mirrored feelings
Three paraphrases
Two succinct summaries
And a round table with a great view

For the twelfth hour of conflict, my neutral gave to me twelve resolved issues
Eleven cookie breaks
Ten brainstorms
Nine fresh perspectives
Eight explored BATNAs
Seven caucuses
Six tested reality
Five aspirin
Four mirrored feelings
Three paraphrases
Two succinct summaries
And a round table with a great view

Have a great New Year!

]]>http://blog.aboutrsi.org/2017/uncategorized/the-twelve-hours-of-conflict/feed/4Get to Know You Interview Series: Susan Yateshttp://blog.aboutrsi.org/2017/uncategorized/get-to-know-you-interview-series-susan-yates/
http://blog.aboutrsi.org/2017/uncategorized/get-to-know-you-interview-series-susan-yates/#respondMon, 27 Nov 2017 22:30:06 +0000http://blog.aboutrsi.org/?p=1780Welcome to the second installment in our Get to Know You Interview series! My name is Nicole Wilmet and I am RSI’s Resource Center Director. Each month, I will be sitting down with members of the RSI staff to learn more about them and what they do in their role at RSI.

SMY: Back in college, I studied labor relations at Cornell University’s School of Industrial and Labor Relations. I was especially interested in the courses about mediation, arbitration and negotiation. The school was very divided between people coming from the labor perspective and those coming from the management perspective. That seemed pointless and wasteful to me.

When the school brought in someone from one of the very first community mediation organizations in the country to talk to the students about community mediation, it clicked for me. Why waste all that time and energy in divisiveness and angst when you can sit down and work out a plan that satisfies everyone?

NW: What is your favorite part about being a mediator?

SMY: The people. I love getting to know people and learning from them. People in conflict are often very open with mediators, and I am no exception. With that openness, I can generate rapport and help people construct a way out of a conflict that has been weighing them down. It is a pretty special service to be able to provide.

NW: How did RSI come to be?

SMY: That is a long story. As with many successful ventures, RSI started with a few smart, committed people who shared a vision. A judge, an academic and a funder saw the need for collecting and disseminating reliable data and guidance that courts could use to improve their management and delivery of ADR services. They formed the base for RSI and over the years we developed a remarkable Board of Directors, a fabulous staff and a wide array of services.

NW: With all the various types of ADR, how did RSI come to focus on court ADR specifically?

SMY: If we want to make systemic change in how people resolve their disputes, what better way than by working with courts? I have adapted the quote from the bank robber Willie Sutton who, when asked why he robbed banks, said, “Because that’s where the money is.” I say, “Why work with court ADR? That’s where the cases are.”

NW: What is a typical day like as Executive Director?

SMY: Ha! Typical day? There is no such thing!

NW: What is your favorite part of your job? Why?

SMY: Dispute system design. I love figuring out how ADR can meet the needs of people in dispute, as well as all the stakeholders. These days I am focused on online dispute resolution for families. A process like this will help smooth the way for parents as they go through separation or divorce, and we know less parental conflict is good for the children. It will help judges who are overwhelmed with parents who are trying to represent themselves. Plus, from the perspective of the ADR field, it will help keep the “A” in alternative dispute resolution.

NW: What role does RSI play in the ADR community and how do you see this role expanding in the future?

SMY: We are seen as the “go-to” source for everything related to court ADR. We accomplish a lot of this through our totally renovated website (AboutRSI.org) that we launched recently. The other critical piece is the expertise of our amazing staff. Over the years we have worked with all kinds of court, bar and other committees; trained mediators, judges and court staff; presented at conferences and via webinars; and written, written, written. With all these great resources – online and in person – I expect RSI will be able to meet the needs of people working in court ADR for years to come.

NW: During your time working in court ADR, what, if any, would you say has been one of the biggest challenges you have faced and how were you able to overcome this challenge?

SMY: Funding. I can’t say we have overcome this challenge, but I don’t know that any non-profit ever overcomes the challenge of bringing in the funds needed to provide services. I must say that RSI would not exist were it not for the generous support of the M.R. Bauer Foundation. They have supported us since the very beginning. Over the years, they have been joined by individuals, law firms, ADR providers, corporations and other foundations. We are also supported by government entities. For example, the Office of Illinois Attorney General Lisa Madigan has supported our work in foreclosure mediation for more than four years. Also, courts around the country have contracted with RSI to provide services ranging from training to program evaluations.

There is still a lot of work to do. If anyone wants to donate, they can visit our page on Razoo, which processes our contributions!

NW: What aspect of ADR are you most interested in?

SMY: I am dedicated to mediation as a method of improving access to justice. There are a lot of challenges, but I think there is enormous potential.

NW: What are some of your favorite projects that you have worked on while at RSI?

SMY: Foreclosure mediation is definitely a big favorite. This is the area where I say RSI got to “practice what we preach.” Thanks to the support of the Illinois Attorney General, we got to do it all: dispute system design with stakeholders, training mediators, administering programs, collecting monitoring data and conducting a statewide evaluation. We helped all the programs in the state improve by giving them actionable data. With foreclosure mediation, I think we showed we know what we are doing.

NW: What is your favorite activity to do outside of work?

SMY: Anything related to my son! He is a Marine so I don’t get to see him often, but he is always my favorite person. (Pictured below.)

NW: If you could have dinner with any three people (living or dead) who would they be and why?

SMY:

Jesus.

My great-great-great grandmother. She was pregnant when she got on a ship to emigrate to the US and she gave birth on that ship. I would want to ask her what she was thinking.